Tachograph Confusion.
The driver's digital tachograph card can hold sufficient data to allow VOSA and the police to download at least 29 days information (and more). This covers the required current day and the previous 28 days data. In addition, the WTD for those 29 days is also retained. Do not forget that the vehicle unit holds much more data which VOSA and the police can download. Therefore, the enforcement agencies can and will download enough digital data to see whether or not both the driver's hours and WTD regulations are being complied with. Rest assured, if the digital data indicates infringements, a prohibition will follow as may a prosecution for the infringements and in some cases, a public inquiry for both the driver and the operator.
Adding to the confusion, the production of the analogue wax charts is now causing confusion because of some VOSA officer’s interpretation of the new (561/2006) regulations. Many drivers when stopped are being told that if they cannot produce 29 consecutive charts (being the current day and the previous 28 days charts), they will be prohibited because the weekly rest periods taken (or not as the case may be) cannot be checked. This is, in my opinion, illegal as Article 15(2) of 3821/85 as amended by 561/2006 clearly states that 'Drivers shall use the record sheets every day on which they are driving'. Therefore, there is no requirement under any of the regulations including 3821/85 as amended, the Transport Act 1968 as amended or 561/2006 for 'a driver to use a record sheet on a lawful rest day' nor is there any requirement to carry 29 consecutive charts. So, where do we go from here ? Because of the attitude and interpretations of a few enforcement officers and whilst a driver is legally required to use a chart every day he/she drives, a chart is not required for regulatory rest days. However, it is advisable in order to minimise any delay at the roadside for drivers to carry either a letter of attestation (provided by the operator but may not be accepted by some enforcement agencies or, taken on individual merit) showing all activities for the previous 28 days or, to carry a dated blank chart for every rest day taken.
In addition, there is an argument that because drivers carry many more charts than before, the operator cannot be aware if infringements are being committed for at least a month if not more. Unless a driver is out of the country for a month or more, VOSA officers will expect operators to take copies of charts on a regularly basis within the previous 28 days and check them as required by their operator licence undertakings.
On another issue relating to the driver card, some police officers are demanding that a driver hands over his/her records but they do not have access to an enforcement card/download tool. This has resulted in drivers being prohibited and/or prosecuted for failing to produce their records. If a driver hands over the driver card and the officer does not have a download tool, it is adviseable for the driver to request the fact that the card was produced be recorded in the officers note book which should be signed by both parties.
Roland Barber is a retired traffic police officer now working as a Transport Consultant and registered expert witness.
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